Plaintiff-Appellant State of Hawai`i appeals from the December 21, 2005 Findings of Fact, Conclusions of Law and Order Granting Defendant's Motion to Dismiss Indictment with Prejudice, filed in the Circuit Court of the First Circuit.1... Defendant-Appellee Marshall Hinton was indicted on one count of Sexual Assault in the Third Degree, in violation of Hawaii Revised Statutes § 707-732(1)(b) (Supp. 2007). The charge stemmed from an incident on December 7, 2004 in which Hinton allegedly...  

Upon consideration of the Office of the Public Defender's Motion for Order of Dismissal of Appeal, the papers in support, and the records and files herein, the record shows the following: (1) on February 21, 2008, Defendant-Appellant Kaleo Farias-Kapua (Appellant) was convicted of harassment in the District Court of the First Circuit; (2) on March 20, 2008, the Office of the Public Defender filed a notice of appeal on behalf of Appellant; (3) the Office of the Public Defender has been unable to...  

Upon consideration of Defendant-Appellant Wayson Wei-Cheng Chong's Motion to Dismiss Appeal, or, in the Alternative, Motion for Second Extension of Time in Which to File Opening brief, the papers in support, and the records and files herein,... IT IS HEREBY ORDERED that the motion to dismiss is granted, and this appeal is dismissed. The parties shall bear their own appellate fees and costs...  

Defendant-Appellant Gardiner Bosey Smith III (Smith or Petitioner), pro se, appeals the Order Denying Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody filed on August 7, 2007 in the Circuit Court of the First Circuit, (circuit court).1... A jury convicted Smith of Terroristic Threatening in the First Degree, in violation of Hawaii Revised Statutes (HRS) § 707-716(1)(d) (1993), and three counts of Abuse of Family or Household Members, in violation of...  

Upon consideration of the Verified Bill of Costs timely submitted by the Office of Disciplinary Counsel and Respondent Richard A. Williams' lack of objection thereto, it appears the costs requested are reasonable and allowable under Rule 2.3(c)) of the Rules of the Supreme Court of the State of Hawaii ("RSCH"). Therefore,... IT IS HEREBY ORDERED, pursuant to RSCH 2.3, that costs in the amount of $547.81 are awarded to the Office of Disciplinary Counsel from Respondent Williams. Payment...  

Upon consideration of the application for writ of certiorari filed on August 18, 2008 by the defendant-appellant-petitioner Isaiah I. Kini, it appears that the application was filed by Kini pro se, but that he is represented by appointed appellate counsel. Kini has not obtained appointed counsel's discharge pursuant to Hawai`i Rules of Appellate Procedure (HRAP) Rule 50(c) or withdrawal from the appellate court or the circuit court pursuant to HRAP Rule 50(b), and he does not have a...  

On April 22, 2008, this court accepted a timely application for a writ of certiorari, filed March 19, 2008, by petitioner/plaintiff-appellant Irene Kato, requesting this court review the Intermediate Court of Appeals' (ICA) February 12, 2008 judgment on appeal, entered pursuant to its January 29, 2008 summary disposition order (SDO). Therein, the ICA affirmed the Circuit Court of the Second Circuit's (1) December 8, 2004... ... ... judgment1 entered in favor of respondent/defendant-appellee...  

The Summary Disposition Order of the court, filed on July 30, 2008, is hereby corrected as follows:... 1. On page one, in the second line of the first paragraph of the Summary Disposition Order, the word "the" should be inserted between the words "from" and "September" so that as corrected, the text reads as follows: "appeals from the September 19, 2005, Judgment... ... ... ... "... The clerk of the court is directed to incorporate the foregoing change in the...  

The motion for reconsideration by petitioner/ defendant-appellee Gregory Heggland, filed on August 12, 2008, requesting that this court review its published opinion, filed on August 8, 2008, is hereby denied...  

Upon consideration of the Motion to Dismiss Appeal filed by Defendant-Appellant Ronald Herbert Vierra, Jr. (Appellant), the papers in support, and the records and files herein, it appears that: (1) Appellant wishes to dismiss his appeal; and (2) as required by Rule 42(c) of the Hawai`i Rules of Appellate Procedure, Appellant's declaration in support of the motion to dismiss shows that Appellant understands the consequences of dismissing his appeal and that the dismissal is voluntary....  

Defendant-Appellant Myrna Revilla appeals from the judgment entered on August 21, 2006 by the District Court of the First Circuit1 convicting her of harassment, in violation of Hawaii Revised Statutes § 711-1106(1)(a) (Supp. 2005)... The charge stemmed from a December 26, 2005 incident in which Revilla allegedly shoved Honolulu police officer Corinne Rivera after Rivera responded to a call concerning an argument at Revilla's home... Revilla raises the following point of error on appeal:...  

Petitioner-Appellant Dat Minh Tran (Tran) challenges the Findings of Fact, Conclusions of Law, and Order Denying Petition to Vacate, Set Aside, or Correct Judgment and Release from Illegal Custody Through a Writ of Habeas Corpus (FOF/COL/Order) filed on October 17, 2006 in the Circuit Court of the First Circuit (circuit court).1 The circuit court denied Tran's "Petition, to Vacate, Set, Aside, or Correct Judgment and Release Petitioner from Illegal Custody Through a Writ of Habeas Corpus...  

Petitioner/defendant-appellant Mathilda Noelani Mason's "writ of mandamus" and "notice of appeal," filed in the supreme court on August 4, 2008 and August 7, 2008, respectively, are deemed applications for writ of certiorari. Therein, Mason seeks review of the intermediate appellate court's July 10, 2008 dismissal of her appeal for non-payment or non-waiver of the filing fees. The applications are hereby rejected... ---------------... Notes:... ... 1. Considered by: Moon, C.J.,...  

This appeal stems from a complaint filed by Plaintiff-Appellee Association of Apartment Owners of Regency Tower (AOAO) against Defendant-Appellant Penni Irwin Skates, also known as Penny Skates-Irwin (Skates), Successor Trustee of the Betty M. Skates Revocable Trust dated August 9, 1996, and the Director of Taxation, State of Hawai`i (State)1 (collectively, Defendants), to foreclose on a lien that AOAO had placed on Skates's condominium unit in the Regency Tower as a result of Skates's failure...  

Upon review of the record, it appears that we lack jurisdiction over the appeal that Petitioner-Appellant Kenneth W. Mathison (Appellant Mathison) has asserted from the Honorable Elizabeth A. Strance's October 10, 2007 "Findings of Fact, Conclusions of Law, and Order Denying Hearing on Petition for Post-Conviction Relief [Pursuant to Rule 40 of the Hawai`i Rules of Penal Procedure (HRPP)]" (the October 10, 2007 order denying Appellant Mathison's HRPP Rule 40 petition for post-conviction...  

Defendant-Appellant Irene Vierra (Appellant) appeals from the judgment entered by the Family Court of the First Circuit (family court)1 on September 27, 2006, following a bench trial, convicting and sentencing her for harassment, in violation of Hawaii Revised Statutes (HRS) § 711-1106(1)(a) (Supp. 2007).2... On appeal, Appellant raises two points of error:... (1) The family court erred by failing to find that Appellant's use of self-protective force was reasonable; and... (2) The family...  

Upon review of the record, it appears that we lack jurisdiction over Defendant/Third-Party Plaintiff/Appellant Norman A. Keanaaina's (Keanaaina) appeal from the Honorable Ronald Ibarra's February 20, 2008 judgment, because Keanaaina's appeal is untimely... The February 20, 2008 judgment appears to resolve all claims against all parties, and thus, the February 20, 2008 judgment is an appealable final judgment pursuant to Hawaii Revised Statutes (HRS) § 641-1(a) (1993 & Supp. 2007), Rule 58...  

Defendant-Appellant Maxwell Tyler Causey appeals from the judgment entered on August 11, 2006 in the District Court of the First Circuit1 convicting him of operating a vehicle under the influence of an intoxicant, in violation of Hawaii Revised Statutes § 291E-61(a)(1)(2005)... The charge stemmed from an incident on the evening of April 18, 2006, when a vehicle owned by Causey allegedly rolled backwards across several lanes of the Pali Highway and collided with a vehicle driven by Hoang...  

Defendant-Appellant Michael D. Mackiewicz (Mackiewicz) appeals from the August 7, 2007 Judgment and Sentence of the Circuit Court of the Second Circuit (circuit court)1 for Robbery in the Second Degree in violation of Hawaii Revised Statutes (HRS) § 708-841 (Supp. 2006). After a careful review of the issues raised, the arguments made, the applicable authority and the record in this case, we affirm... (1) Taking the evidence in the light most favorable to the prosecution, State v. Grace,...  

Upon consideration of the application for writ of certiorari filed on July 9, 2008 by the defendant-appelleepetitioner The Way of Salvation Church, the application is hereby rejected... ---------------... Notes:... ... 1. Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ... ... ---------------...